CHIEF SECRETARY GOVT OF WEST BENGAL vs VAIBHAV BANGAR & ORS.

Judgment text excerpt

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1901/2025, CM APPLs. 8998/2025, 8999/2025 & 9000/2025 CHIEF SECRETARY GOVT OF WEST BENGAL .....Petitioner Through: Ms. Madhumita Bhattacharjee, Ms. Srita Choudhury, Mr. Anant and Ms. Yoowank, Advs. versus VAIBHAV BANGAR & ORS. .....Respondents Through: Mr. Saaket Jain, Ms. Shivangi Anand, Dr. Manoj Gorkela and Ms. Tanisha, Advs. for R-1 Ms. Manisha Agarwal Narain, CGSC with Ms. Laavanya Kaushik, GP with Mr. Chandan, Adv. for UOI/R-2 & R-3 CORAM: HON'BLE MR. JUSTICE C. HARI SHANKAR HON'BLE MR. JUSTICE AJAY DIGPAUL JUDGMENT (ORAL) % 14.02.2025 C. HARI SHANKAR, J. 1. Respondent 1 belongs to the 2021 batch of the Indian Police Service1. He was allocated the West Bengal cadre. 2. On 26 December 2023, Respondent 1 married one Neetu, who 1 “IPS” hereinafter W.P.(C) 1901/2025 Signature Not Verified Page 1 of 21 Digitally Signed By:AJIT KUMAR Signing Date:20.02.2025 19:14:35 belongs to Varanasi, Uttar Pradesh2, and is an IPS Officer of the 2020 batch, allocated to the UP cadre. 3. Respondent 1 represented to the State of UP and the State of West Bengal for permission to transfer him from the West Bengal to the UP cadre so that he could be with his wife. The request was made in terms of the inter cadre transfer policy laid down by the Department of Personnel and Training in OM dated 8 November 2004 which provides, inter alia, thus: “Inter-cadre transfer shall be permitted for members of All India Service officers on marriage to another member of an All India Service, where the officer or officers concerned have sought a change.” 4. The Government of UP stated that it had no objection to the transfer of Respondent 1 from the West Bengal cadre to the UP cadre. 5. However, the Government of West Bengal rejected the request by